LexisNexis® Legal Newsroom
Cyrus D. Mehta on PERM, Laid-Off U.S. Workers

" The Department of Labor's Employment and Training Administration has added a new question and answer (Q&A) to its frequently asked questions (FAQ). The new Q&A concerns notification and consideration of laid-off U.S. workers for PERM labor certification applications. ... Unfortunately...

DOL Updates Labor Certification Stats

"The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 2 FY 2014 selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and...

Court Imposes Deadlines on DOL for H-2A, H-2B RFIs: International Labor Management Corp. v. Perez

"Employers using the H-2A and H-2B guestworker programs may get some relief from government-caused delays following a recent federal court decision holding that the Labor Department must follow the statutory and regulatory time frames for issuing notices and certifications. In International Labor...

DOL Notes 'Anomaly' in H-2B Prevailing Wage Data

"OFLC has become aware of an anomaly in the published Prevailing Wage Disclosure datasets titled "PERM_FY 2013.xlsx" and "PERM_FY 2014_Q2." The error is with respect to the listing of wage levels (Level I-IV) under the column "Pwd_Wage_Level" for all H-2B wage determinations...

News Excerpts From the June 15, 2014, Bender’s Immigration Bulletin

Report Highlights Economic Benefits of Public Defenders in Removal Proceedings A report released in late May by the global consulting firm NERA concluded that the fiscal savings to the government could well offset any costs associated with providing government-funded attorneys to indigent noncitizens...

TEGL 02-14: Eligibility of DACA Participants for WIA and WPA Programs

"The purpose of this Training and Employment Guidance Letter (TEGL) is to provide guidance to states and grantees concerning the eligibility of individuals granted relief under the Deferred Action for Childhood Arrivals (DACA) Initiative (DACA participants) with employment authorization documents...

CA6 on J Waivers, H-1B, Back Wages: Kutty v. DOL

"Dr. Mohan Kutty appeals the district court’s affirmance of the Department of Labor (DOL) Administrative Review Board’s (ARB) determination that he is personally liable for back wages, including expenses physicians hired by his clinics incurred in obtaining their J-1 waivers and H-1B...

DOL OFLC Updates - Sept. 2014

"The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2014 Q4 TD selected statistics for the Permanent Labor Certification Program , Prevailing Wage Determination Program , H-1B Temporary Visa Program , H-2A Temporary Agricultural Visa Program , and H...

Data Death at DOL, R.I.P. Records, Bye-Bye Bytes

"H-1B Legacy records no longer available On July 8, 2013, the National Archives and Records Administration (NARA) approved OFLC's revised retention schedule following a 30-day period of public notice and review. As part of its review and approval process, NARA determined employer applications...

DOL to Expand Support for Trafficking Victims Seeking T, U Visas

"In early 2015, the Wage and Hour Division (WHD) of the Department of Labor will begin exercising its authority to certify applications for trafficking victims seeking T visas. In addition, WHD will expand its existing U visa program by certifying such requests when it detects three additional qualifying...

DOL Speaks on CATA III, H-2B Prevailing Wage Determinations

"Effective December 8, 2014, the Department is no longer issuing prevailing wage determinations in the H-2B program based on employer provided wage surveys. This action is in response to the Court order entered December 5, 2014 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis , No...

Advance Copy of DOL Notice of Intent to Issue Declaratory Order re H-2B, Island Holdings; Request for Comment

"The Secretary of Labor (Secretary) is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy determinations based on his statutory and regulatory authority to administer and enforce the H-2B temporary labor certification program...

DOL Notice of Intent to Issue Declaratory Order re H-2B, Island Holdings

"The Secretary of Labor (Secretary) is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy determinations based on his statutory and regulatory authority to administer and enforce the H–2B temporary labor certification...

2012 H-2B Program Rule Enjoined - Bayou II

"The Plaintiffs in this case challenge a regulation issued by the United States Department of Labor (“DOL”) in connection with the H-2B visa program on grounds that DOL had no authority to issue the regulation. See Temporary Non-Agricultural Employment of H-2B Aliens in the United States...

H-2B News from DOL, Dec. 23, 2014

"In response to inquiries from our stakeholders, the Department is elaborating on the procedures that will be utilized in implementing the decision in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis , No. 14-3557 (3rd Cir.), as stated below. Additional guidance may also be posted here...

DOL to Pursue Modernized Recruitment and Application Requirements for PERM: Fact Sheet

"This year marks the 10th anniversary of the PERM regulations, which govern the labor certification process for the permanent employment of immigrant foreign workers and establish responsibilities of employers who wish to employ these workers permanently in the United States. Before the Department...

DOL PERM Listening Session, Jan. 22, 2015

"On Thursday, January 22nd, 2015 from 4:30pm until 5:30pm EST , the Department of Labor (Department) will host a stakeholder listening session regarding the Permanent Labor Certification Program (PERM) via conference call. The session will be led by the Department's Deputy Chief of Staff, Seema...

DOL Extends Comment Period for H-2B Notice of Intent to Issue Declaratory Order

" On December 17, 2014, the Department of Labor (Department) published in the Federal Register a Notice of Intent to Issue Declaratory Order, Request for Comment, 79 Fed. Reg. 75179 (Notice). The Notice provided for the submission of public comments through January 16, 2015. The Department will...

OFLC Issues Additional Guidance on H-2Bs, CATA, Surveys

"On Dec. 23, 2014, the Department announced procedures to implement the Court's decision in Comite de Apoyo a los Trabajadores Agricolas et al v. Perez, No. 14-3557 (3rd Cir.Dec. 5, 2014), which were applicable to (1) employers with pending prevailing wage requests based on an employer-provided...

DOL Notice: H-2A Allowable Charges

"The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this Notice to announce (1) the allowable charges for 2015 that employers seeking H–2A workers may charge their workers when the employer provides three meals a day, and (2) the maximum travel...

DOL OFLC FAQ on H-2B Private Wage Surveys

U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification Frequently Asked Questions H-2B Program – Employer-Provided Surveys March 2015

Relief in Sight for H-2B Visas?

I have read DOL email chatter about a joint DOL/DHS Interim Final Regulation (IFR) to be published by April 30th that would address the crisis flowing from the March 4, 2015 Perez v. Perez decision. Watch this space for further news. DOL and/or DHS may make an announcement soon, perhaps Monday. Meanwhile...

Official from DOL: Next Steps for H-2B

"From: "Surbey, Jason - OPA" <Surbey.Jason@dol.gov> Date: March 16, 2015 11:01:03 AM CDT To: Dan Kowalski Dan, please see this joint statement from DOL and DHS on next steps for the H-2B Program: On March 4, 2015, the federal district court in the Northern District of...

OFLC on H-2B Restart - Mar. 18, 2015

Prohibition of DOL H-2B Processing Temporarily Lifted "On March 18, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting DOL to restart its processing of H-2B applications under the 2008 rule immediately and to continue processing applications...

News Excerpts From the April 1, 2015, Bender’s Immigration Bulletin

H-2B Interim Final Rule Expected in April | On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that the DOL lacks authority under the INA to issue regulations in the H-2B program. Perez v...